If you are looking forward to a rematch between the Supreme Court opinion scolder President Barack Obama and head-shaking comment disapprover Justice Samuel Alito at next year’s State of the Union address, you are likely out of luck.

“I doubt that I will be there in January,” Alito said last week during remarks at an event hosted by the Manhattan Institute in New York, according to the Associated Press.

Alito famously shook his head and said “not true” during the president’s speech in January after Obama criticized the Court’s campaign finance law ruling in Citizen’s United v. FEC.

Last week Alito – echoing sentiments of Chief Justice John G. Roberts, Jr., and Justices Antonin Scalia and Clarence Thomas – said he feels uncomfortable at an event with such a politicized atmosphere. While rules of decorum require justices to refrain from applauding showing approval of the presidents remarks on policy, he said, failing to applaud also makes them look unpatriotic.

Even seemingly benign comments about the greatness of the nation can bite a justice if he or she shows approval, Alito said.

“Presidents will fake you out,” Alito said, noting that such comments from the president can often end with “because we’re conducting a surge in Iraq or because we’re enacting health care reform.”

This entry was posted on Monday, October 18th, 2010 at 7:37 am and is filed under Supreme Court. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.